IMPORTANT LEGAL NOTICE
1. INTRODUCTION AND THE SERVICES PROVIDED
1.1. Hangry is an ordering solution whereby the User is able to pre-order and submit payment for food and beverage products at participating locations (the “Participating Restaurants”) through the App (the “Services”).
1.2. Upon registration, the User will have an individual account with Hangry (see Article 2) that will enable the User to access, browse and select menu options at each Participating Restaurant on the App (the “Menu”) as well as submit and pre-pay for orders.
1.3. To use the Services, the User will select a Participating Restaurant and click the desired menu items from the list one at a time. A Checkout Screen, containing the selected menu items and the total purchase price comprised of the subtotal, service fees and sales tax will be presented to the User for review. (the “Checkout Screen”). To proceed with the order, the User will click “Submit” on the Checkout Screen and the total purchase price will be deducted from the User’s account balance.
1.4. Once the order is submitted, the User will receive a digital receipt confirming the name, address and phone number of the Participating Restaurant, the User’s order and order number, and the total purchase price. The digital receipt will be sent to the User’s email account and will also displayed on the App. The User will receive a push message notification from the Participating Restaurant when the order is “Complete”. The User will then attend at the Participating Restaurant, by-pass the queue, and present the digital receipt to retrieve the order. THE USER MUST RETRIEVE THE ORDER FROM THE PARTIPATING RESTRAUANT WITHIN THIRTY (30) MINUTES OF THE ORDER’S COMPLETION OTHERWISE THE ORDER MAY BE DISCARED. IF THE PARTICIPATING RESTAURANT DISPOSES OF AN ORDER AFTER THIRTY MINUTES, THE USER SHALL NOT BE ENTITLED TO A REFUND AND THE ORDER WILL BE DEEMED FORFEITED. THE USER ACKNOWLEDGES THAT HANGRY IS NOT RESPONSIBLE FOR ANY FORFEITED ORDERS AND AGREES THAT S/HE IS NOT ENTITLED TO ANY REFUND OR PAYMENT REGARDLESS OF THE TIME, PLACE, AMOUNT OR NATURE OF THE ORDER.
1.5. The User may only submit orders during the Participating Restaurant’s hours of operation; however, the App will not permit the User to submit an order within a half hour of closing time. The App will also not permit the User to submit an order for a subsequent business day.
1.6. If an order cannot be processed for whatever reason, the User will receive a notification indicating the order was unsuccessful. In the event of an unsuccessful order, the User’s account will not be charged and the Services will not be provided.
2. REGISTRATION AND ELIGIBILITY
2.1. Prior to accessing and using the Services, the User must register for a Hangry account. Registration involves downloading the free App, providing your full name, email address and creating a secure password.
2.4. Subject to the completion of the account registration contemplated by Article 2.1, Article 2.2 and the continued compliance of all the terms and conditions set forth in this Agreement, Hangry will provide the User with a personal, non-transferable and non-exclusive, revocable license to use the Services. The license shall be in the form of an account and will govern the User’s access and use of the Services. This license may be revoked or rescinded by either party in accordance with the terms of this Agreement.
2.5. By registering an account with Hangry, the User represents and warrants that s/he:
2.5.1. Is at least eighteen (18) years old;
2.5.2. Is the named cardholder of the credit card and any other information provided to Hangry; and,
2.5.3. Is capable of entering into legally binding contracts.
3. PRICE AND PAYMENT
3.1. Registration for the Services is free of charge. Hangry will not charge a fee to new Users who set up an account by clicking “I AGREE”. However, the User is required to provide their credit card information upon registration for the purposes of submitting orders through the App.
3.2. The User will determine the quantum to post or transfer to its virtual account by charging its credit card. The posted or transferred amount will appear on the User’s credit card statement with the merchant name “Hangry Online Ordering”.
3.3. The quantum posted to the User’s account from the credit card will be available immediately. The User can submit an order and remit payment for an order as soon as the transfer of funds is complete. The total purchase price of each order will be deducted from the User’s account balance as it exists at the time an order is submitted.
3.4. The App will specify the purchase price for each menu item. The Checkout Screen will enumerate the subtotal of all menu items, the service fees, the sales tax and the total purchase price.
3.5. Service fees that appear on the Checkout Screen may vary. Hangry is not responsible for any additional fees applied by Participating Restaurants after the Hangry order is successfully submitted through the App.
3.6. The User acknowledges that submitted orders cannot be cancelled or refunded once “Submit” has been clicked. Under no circumstances will Hangry be responsible for reversing a transaction or refunding an order once submitted. Hangry shall assume no liability in relation to the transfer of funds between the User’s account and the Participating Restaurant after an order has been submitted.
4. THE USER’S RESPONSIBILITIES AND WARRANTIES
4.1. The User may change or cancel an order by using the backwards arrow at the top of the Checkout Screen or by exiting the App. It is the User’s responsibility to review the menu items listed on the Checkout Screen to ensure it accords with the desired selections. Clicking submit will send the order to the Participating Restaurant. Modifications and/or cancellations will not be permitted after the order is submitted.
4.2. The User acknowledges and agrees that he/she will not be able to cancel an order or request a refund once an order is successfully submitted. Hangry will not be responsible for any losses incurred by the User as a result of using its Services. Pursuant to this Agreement, the User shall not file any claim against Hangry for any such losses or damages.
4.3. The User accepts responsibility for retrieving its order(s) from the Participating Restaurants during regular business hours and not later than thirty (30) minutes after receiving the push message notification that the order is complete.
4.4. The User shall assume sole responsibility for any authorized or unauthorized access to and use of the User’s account. This applies whether the User or any other person is physically accessing and using the Services. Any activity on the account is deemed to be done the User whether it is the User or not. The User therefore is responsible for maintaining control of its account, the confidentiality of its credit card information, the charges to its credit cards and the orders that are submitted. THE USER AGREES TO INDEMNIFY AND HOLD HARMLESS HANGRY, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY ACTION, CAUSE, CLAIM, DAMAGE, DEBT, DEMAND OR LIABILITY, INCLUDING REASONABLE COSTS AND ATTORNEY’S FEES, ASSERTED BY ANY PERSON, ARISING OUT OF THE USER’S USE OF THE APP AND/OR ITS SERVICES.
4.5. The User acknowledges and agrees that Hangry shall assume no responsibility, legal or otherwise, for any harm that may arise from any use, direct or indirect, of the Services, including, but not limited to, any unauthorized use of the User’s account, any Item disposed of by the Specific Restaurant and any dispute arising between the User and the Participating Restaurant. THE USER WAIVES AND FORFEITS ANY RIGHT TO PURSUE A CLAIM AGAINST HANGRY, ITS DIRECTORS OR OFFICERS, OR ANY SUBSIDIARY OF HANGRY, FOR ANY LOSS OR DAMAGE CAUSED BY ANY DIRECT OR INDIRECT USE OF THE APP AND/OR ITS SERVICES.
4.6. The User is prohibited from posting, uploading or transmitting any information or content to and/or from the Hangry App, the Hangry website or any website of its Participating Restaurants that:
4.6.1. Breaches any applicable local, national or international law;
4.6.2. Is unlawful or fraudulent;
4.6.3. Amounts to unauthorized advertising;
4.6.4. Contains viruses or any other harmful programs;
4.6.5. Contains any defamatory, obscene or offensive material;
4.6.6. Promotes violence or discrimination;
4.6.7. Infringes on the intellectual property rights of any entity;
4.6.8. Promotes illegal activity or infringes on privacy rights;
4.6.9. Contains misrepresentations about the User or Hangry, its App or its Services
5. INTELLECTUAL PROPERTY
5.1. Hangry shall retain legal and proprietary rights to its intellectual property at all times. Intellectual property includes all copyrights, trademarks, patents, associated with its product, brand, technology, software and systems. This proprietary interest extends to all intellectual property that exists, is developed, owned or otherwise acquired by Hangry before, during and after the termination of this Agreement.
5.2. The User is permitted to access, download, print, copy and share extracts from the App and/or the Website for the User’s personal use in association with the Services.
5.2.1. The User shall not use, handle or modify any digital or hard copy of Hangry content obtained from the App or Website except in accordance with Article 5.2. None of Hangry’s information, content, graphics, photographs, audio or video sequences shall be used for commercial or competing purposes or for financial gain.
5.2.2. Except as stated in Article 5.2, the User shall not copy, reproduce, modify, republish, redistribute, reverse engineer, transmit, display, frame, sell the App or its contents in any form or by any means, in whole or in part, without Hangry’s prior written consent.
5.3. Any right not expressly granted in this Agreement is reserved by Hangry.
6. DISCLAIMER OF WARRANTIES
6.1. Hangry does not warrant that the App will contain every menu item that would otherwise be available to the User by placing the order on-site at the Participating Restaurants.
6.2. Hangry does not warrant that orders will be immediately available upon the User’s arrival at the Participating Restaurants or that the User will be immediately served. While wait times are expected to be reduced as a result of the use of the Services, they are not guaranteed. Hangry is not responsible for any delay resulting from the operations and/or volume of orders at a Participating Restaurant.
6.3. Hangry does not warrant that Participating Restaurants will be accessible on the App when the User desires to use the Services. Hangry does not control the hours of operation at Participating Restaurants and does not control when Participating Restaurants appear online.
6.4. The prices for individual menu items are at the sole discretion of the Participating Restaurants and are subject to change.
6.5. Hangry does not warrant that the order will be available for pick-up at the Participating Restaurant thirty (30) minutes after a “Complete” push message notification is received by the User. After thirty (30) minutes the Participating Restaurant reserves the discretion to dispose of an unclaimed order.
6.6. Hangry does not warrant the quality of the food or beverage, including flavor, temperature, menu selections, ingredients, texture, etc.
6.7. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SERVICES IS AT USER’S SOLE RISK. HANGRY NEITHER WARRANTS THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR THE RESULTS OBTAINED BY USE OF THE SERVICES WILL BE AS DESIRED. HANGRY DOES NOT WARRANT THAT THE PARTICIPATING RESTAURANTS ARE AWARE OF OR WILL ABIDE BY THE SPECIFIC TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.
7.1. The User has the right to terminate this Agreement for any reason at any time. The User accepts that Hangry has the right to modify or limit the Services at any time. The User accepts that Hangry may terminate this Agreement or any portion of its Services at any time with seven (7) days notice. THE USER ACCEPTS THAT HANGRY MAY TERMINATE THE SERVICES AND BLOCK THE USER’S ACCOUNT IMMEDIATELY WITHOUT NOTICE, SHOULD THE USER BE FOUND IN VIOLATION OF ANY TERMS OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THOSE SET OUT IN ARTICLE 4 AND 5. THE USER ACCEPTS THAT WITHIN THIRTY (30) DAYS OF THE TERMINATION OF THIS AGREEMENT, BY EITHER PARTY, HANGRY WILL REFUND ANY OUTSTANDING ACCOUNT BALANCE TO THE USER, LESS THE PROMOTIONAL CREDIT PROVIDED TO THE USER UPON REGISTRATION.
7.2. If the User’s account is blocked by Hangry or this Agreement is terminated by Hangry because of the User’s violation of the Agreement or abuse of the Services, the User shall be prohibited from re-activating his/her account or registering another account with the same name or credit card number to access and use the Services.
8.1. Exclusion of liability: Hangry will under no circumstances whatever be liable to the User, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the App or the Services (including the use, inability to use or the results of use of the App or Service) for:
8.1.1. any loss of profits, sales, business, or revenue;
8.1.2. loss or corruption of data, information or software;
8.1.3. loss of business opportunity;
8.1.4. loss of anticipated savings;
8.1.5. loss of goodwill; or
8.1.6. any indirect or consequential loss.
8.2. Limitation of liability: Hangry’s total liability to the User in respect of all other losses arising under or in connection with the App or the Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of the Order or C$100, whichever is lower.
8.3. Additional costs: The User assumes full and sole responsibility for any additional or associated costs that may be incurred in connection with or as a result of the use of the App, including without limitation costs relating to the servicing, repair or adaptation of any mobile hardware, software or data that the User may own, lease, license or otherwise use.
8.4. Indemnity: The User agrees to defend, indemnify and hold harmless Hangry, its licensors and their respective affiliates, and each of their directors, officers, agents, contractors, partners, representatives and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with your breach of this Agreement or your violation of any law or the rights of any third party with respect to the App or the Services. Hangry reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification, and the User shall cooperate as fully as reasonably required by Hangry.
9.1. The User agrees that Ontario law will govern this Agreement, the App and the Services. The User also agrees that any dispute arising out of or relating to this Agreement, the App or the Services will be subject to the exclusive jurisdiction and venue of the Courts of Ontario.
9.2. The User accepts that this Agreement comprises of the entire agreement between the User and Hangry.
9.3. Nothing in this Agreement should be interpreted so as to construe that the Parties are partners or have entered into a partnership.
9.4. If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
9.5. Hangry shall have the right to add to or modify the terms of this Agreement at any time, provided that Hangry posts the modified agreement at gethangry.ca/terms or such URL as Hangry may provide. The User is responsible for regularly reviewing any updates to this Agreement. Any changes or modifications to this Agreement will becoming binding either (i) by the User’s online acceptance of updated terms, or (ii) after the User’s continued use of the Services or the App after such terms have been updated by Hangry. HANGRY MAY ADD TO OR MODIFY THE TERMS OF THIS AGREEMENT IMMEDIATELY AND WITHOUT PRIOR NOTICE IF IT HAS GOOD FAITH BELIEF THE AMENDMENT IS NECESSARY FOR THE SAFE AND REASONABLY ENJOYMENT OF THE SERVICES OR THE APP.
9.6. Hangry may assign its rights, obligations and entitlements under this Agreement to any affiliate, subsidiary or other entity, upon providing the User seven (7) days written notice to his/her email account.
9.7. The User shall not assign his or her license to use the Services, any debts, fees or charges owed through the Services or the App, or any other obligations owed to Hangry or the Participating Restaurants through the use of the Services, under any circumstance.